Lever Bros. v. Barcolene Co.

BALDWIN, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board1 dismissing appellant Lever Brothers Company's opposition to the application of the Barcolene Company 2 to register the following mark for a household cleaner:

The opposition was based on appellant's prior use and registration of the mark ALL in connection with household cleansing products. The mark has been used by appellant or its predecessor in title, Monsanto Chemical Company, since as early as 1948. "Advanced ALL" has been used since 1948, "Fluffy ALL" and "Dishwasher ALL" since 1955 and "Cold Water…